The claimant’s appeal to the First-tier Tribunal
The claimant’s appeal to the First-tier Tribunal
On 3 February 2022 the claimant lodged an appeal against the ALSO disallowance decision, stating as follows:
I disagree with your decision because on 2nd of December 2020 I was made redundant by [my former employer]. 4th December 2020 I applied for lower standard of occupation. From 2nd December 2020 until 1 November 2021 I have been unemployed with no income, because I had a ongoing claim for lower standard of occupation I was unable to claim Universal Credit. The letter I receive from you dated 28th January 2022 it seems that you have not taken any of these details into account that I was no longer employed by [my former employer] as a Concierge Team Leader and that I was actually unemployed for 11 months. I have just started a new job on 1st November 2021 and I am still on probation period at the moment.
In the response to the appeal, the Secretary of State’s appeal writer explained the decision under appeal as follows:
The Secretary of State notes that on his appeal form dated 3/2/22, the Appellant states that he was made redundant in December 2020. On the claim form received on 23/12/20 the Appellant stated that he was still employed. However, it is noted that the Appellant did not leave his former job as a result of his accepted disabilities, but because he was made redundant. The Secretary of State considers that the Appellant remains capable of following an occupation with equivalent gross income to that of his Regular Service Occupation, and the decision not to make an award of ALSO remains appropriate.
- Heading
- The decision of the Upper Tribunal is to allow the Secretary of State’s appeal. The decision of the First-tier Tribunal made on 26 October 2022 under case number SD/00065/2022 was made in error of law
- The subject matter of this appeal to the Upper Tribunal
- An outline of the course of the appeal
- A summary of the Upper Tribunal’s decision
- The legal background to ALSO
- The factual background to this appeal
- The Secretary of State’s decision on the new claim for ALSO
- The claimant’s appeal to the First-tier Tribunal
- The First-tier Tribunal’s decision
- The proceedings before the Upper Tribunal
- The Secretary of State’s grounds of appeal
- Analysis
- Conclusions
![[2023] UKUT 246 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png)